Novitskaya M. Administrative and legal regulation transplantation of anatomical materials to humans in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U004796

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

31-10-2019

Specialized Academic Board

Д 55.051.07

Sumy State University

Essay

The dissertation research is devoted to the study of the nature and features of administrative and legal regulation transplantation`s of anatomical materials to a human in Ukraine and determining the directions of its improvement. The history of legal regulation transplantation`s of anatomical materials to a human in Ukraine is revealed and five stages are allocated accordingly, each of which has its own specificity. The author defines the concept of "administrative and legal regulation transplantation`s of anatomical materials to a human in Ukraine", classified the sources of such regulation in view of normative acts places in national legislation` hierarchy. The essence of administrative and legal regulation principles transplantations of anatomical materials to a human has been clarified. The conclusion is made about the expediency of changing the principle of anonymity transplantations of anatomical materials to a human on the principle of confidentiality. Particular attention is paid to the concept, features and classification of administrative and legal relations in the field transplantations of anatomical materials to a human in Ukraine. Subjects, object, content are described as elements of administrative and legal relations in the field transplantations of anatomical materials to a human in Ukraine. The individual and collective subjects of administrative-legal relations in the field of human anatomical material transplantation are distinguished. It is emphasized that the object of the said legal relationship combines both public and private interests. The reasons for the emergence of administrative and legal relations in the field transplantation`s of anatomical materials to a human in Ukraine are considered. Foreign experience of legal regulation transplantation`s of anatomical materials to a human is generalized. The possibility of its implementation in the national legislation, in particular regarding the legal support for the implementation of certain types of transplants, improvement of the professional training of transplant coordinators, material stimulation of specialists who transplant anatomical materials to a human is determined. The directions of improvement of administrative and legal regulation transplantation`s of anatomical materials to a human in Ukraine are formulated. It is proposed to change the concept of disagreement on the removal of anatomical materials from persons to the concept of consent, as well as to create an extensive system of transplant coordination. Key words: legal regulation, administrative and legal regulation, transplantation, anatomical materials to humans.

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